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HMO Eviction
dacouch
Posts: 21,636 Forumite
This is for a friend but as a follower of this part of the forum I think I have all the relevant information
Moved into the HMO (6 rooms) on 24th June 2019, no deposit was paid and no contract signed.
He pays rent via bank transfer to a Limited company.
Tonight a lady who says she is the actual owner of the house and was letting the property to who my friend believes is his landlord came around showing families the property.
He has been told everyone is to move out in two weeks time and that she had been renting the property to a limited company owned by who my friend thinks is his landlord.
My friends landlord has popped around tonight to apologise and told my friend that his company has gone into administration.
I had a quick check and it looks like a HMO needs to be licenced by local council. We have not checked this yet but the house does have smoke alarms and fire extinguishers etc
Can anyone shed any light on the notice period
Moved into the HMO (6 rooms) on 24th June 2019, no deposit was paid and no contract signed.
He pays rent via bank transfer to a Limited company.
Tonight a lady who says she is the actual owner of the house and was letting the property to who my friend believes is his landlord came around showing families the property.
He has been told everyone is to move out in two weeks time and that she had been renting the property to a limited company owned by who my friend thinks is his landlord.
My friends landlord has popped around tonight to apologise and told my friend that his company has gone into administration.
I had a quick check and it looks like a HMO needs to be licenced by local council. We have not checked this yet but the house does have smoke alarms and fire extinguishers etc
Can anyone shed any light on the notice period
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Comments
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anything 4 or above needs to be registered, if no live in landlord take some legal advice the owner may just find they cant kick them outDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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anything 4 or above needs to be registered, if no live in landlord take some legal advice the owner may just find they cant kick them out
The advice on Shelter etc seems to indicate it's an assured shorthold tenancy so two months notice required. However I'm wondering whether as they are in effect subletting whether the actual owner of the house can give two weeks notice0 -
Standard AST rules apply. Even though it is an HMO, tenants still have rights!I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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As above, the owner (even if she wasn't letting out the house/rooms directly) can't just come around and kick tenants out, that's now how it works. Whether you have a contract or not is doesn't negate the fact that (based on what you have said) a tenancy has been created.
In your place, I would withhold any further rental payments and start looking for a place to move to.0 -
What are the rules on letting to limited companies? I don't think that a limited company can have an AST. What this looks like to me is that the owner let the property to a limited company and the limited company let the individual rooms. It looks to me as if the whole room letting this is a some sort of sublet going on.
I expect that it is possible that the limited company has created ASTs with its tenants but that it doesn't have one itself from the owner in which case I suspect that the ASTs with the limited company will cease at the same time as the lease to the limited company ceases?1 -
What are the rules on letting to limited companies? I don't think that a limited company can have an AST. What this looks like to me is that the owner let the property to a limited company and the limited company let the individual rooms. It looks to me as if the whole room letting this is a some sort of sublet going on.
I expect that it is possible that the limited company has created ASTs with its tenants but that it doesn't have one itself from the owner in which case I suspect that the ASTs with the limited company will cease at the same time as the lease to the limited company ceases?
Just like any change of landlord the owner just steps into the shoes of the old.
Valid ASTs.1 -
As above, Tea and Cake is not around now to help but the tenant does have an AST. So, notice (proper S21) for 2 months, even then they'd need court order to get him out. No deposit to worry about so just use the next 2 months to find a new home. If anyone turns up to force you out, call the Police.2
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Do not move out in two weeks . You simply dont need to by law. That's really the end of the matter. Call police if needed1
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Just like any change of landlord the owner just steps into the shoes of the old.
Valid ASTs.
Only if the landlord sold the property on.
If the sub landlord acted in a way that promised something it couldn't guarantee, like a 2 months notice period, then the sub landlord is liable to pay compensation to the tenants for breaching their rights.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Only if the landlord sold the property on.
If the sub landlord acted in a way that promised something it couldn't guarantee, like a 2 months notice period, then the sub landlord is liable to pay compensation to the tenants for breaching their rights.
Not necessarily.
If the initial agreement was to let to the commercial entity in order to provide accommodation then the authority was already there.1
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